How is a parenting order contravened (breached)?

A person breaches a parenting order, which has not been altered by a parenting plan, when they:

intentionally fail to comply with the order, or

makes no reasonable attempt to comply with the order, or

intentionally prevents compliance with the order by a person who is bound by it, or

aids or abets a contravention of the order by a person who is bound by it.

If a court decides that a person has failed to comply with an order, it will consider whether the person had a reasonable excuse for breaching the order.

What happens if a parenting order is breached?

A court can only penalise someone for failing to comply with a parenting order, which has not been altered by a parenting plan, if another person files an application alleging the person did not comply with the order.

If you breach a parenting order and you cannot be found, the court may make a location order. This order requires other people or organisations, including government departments; to give any information they have about where you and the child may be located.

If you breach a parenting order by failing to return the child as required, the court may make a recovery order.

Do I need to attend court if I file a breach of a parenting order?

If you are the person alleged to have breached a parenting order and do not attend the court hearing, orders may be made in your absence, including an order for your arrest. You can attend in person or ask a lawyer to represent you.